Retrospective effect of striking down Section 6A(1) of the Delhi Special Police Establishment Act referred to a larger Bench.

Section 6A(1) of the Delhi Special Police Establishment Act, 1946 had already been declared unconstitutional under Article 14, but the earlier ruling did not decide whether that declaration would operate prospectively or retrospectively. The unresolved effect of that constitutional invalidity raised an important question requiring authoritative determination, and the matter was held to warrant consideration by a Constitution Bench under Article 145(3). The question on the temporal operation of the striking down of Section 6A(1) was therefore referred to a larger Bench for decision.

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Issues: Whether the question relating to the retrospective or prospective operation of the declaration striking down Section 6A(1) of the Delhi Special Police Establishment Act, 1946 required consideration by a larger Bench.

Analysis: Section 6A(1) had already been held unconstitutional as violative of Article 14 of the Constitution of India, but the earlier decision did not determine whether that conclusion would operate prospectively or retrospectively. The Court found that the unresolved effect of the judgment raised an important constitutional question, and that the matter warranted consideration by a Constitution Bench in view of Article 145(3) of the Constitution of India.

Conclusion: The question was referred to a larger Bench for decision.

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